alert, just moments ago a crucial hearing mexican court andrew tahmooressi, it's wrapping up in the u.s. marine has been held in a mexican prison since march 3 st, just for making a wrong turn at the border while carrying guns in his truck. in moments you will hear directly from the marine's lawyer. but first chaos outside the court. fox news correspondent william la jeunesse live in tijuana with the very latest. william? >> greta, moments ago you may have seen tahmooressi escorted from the courthouse by very heavy armed escort. alone in one van. escort in front and behind him. other van with inmates

headed back to the federal prison about 30 or 40 miles away from where i am standing. as you said, it was march 31st when tahmooressi crossed border with his guns in his vehicle. today, the two customs agents who stopped him who went through his belongings, they took the stand, under cross-examination, by tam reissy's attorney fernandez. he attempted to undermine their credibility by claiming they had falsified certain reports and admitted that they admitted unstable information. the attorney for the customs agency said that was not accurate. that in fact these guys were following protocol. the attorney claims that the search was illegal. that the agents violated tame reissy's civil rights by denying him a lawyer. access to the u.s. consulate and a proper translator in over 8 hours of custody trying to convince the judge that that evidence should be thrown out o. that's the argument that he is making as we know he this has been probably go on, greta, for several more

months. back to you. >> indeed. several more months. anyway, william, thank you very much sergeant tam reissy's lawyer joins us from tijuana. good evening, sir. >> good evening. how are you? >> i'm very well. and before i ask you what happened in court today, how is your client? does he seem any different from the last time you saw him? >> i would say that he is a little bit more upbeat. especially since the hearing didn't take as long as the last one, it's a very hot day, humid day around here i think he was more optimistic. he has been growing a little bit more optimistic. evidence has been entered into his case. i think he is -- his participation in the hearing

allows him to get a better feel that we're finally heading somewhere with him lurky for him he is feeling more optimistic i would feel the other way since it's dragging on. how many witnesses testified today? >> four witnesses. two members of a mexican army who served as support for the two customs agents who performed a search on his vehicle and ultimately found his guns and placed him under arrest. >> now i understand that you are taking the position, the tact at least at this point that his rights were violated. let me ask you another sort a question that's a little different. did any one of the four who testified say anything that would hurt him if this were to proceed to a full trial? >> no, quite the contrary. >> what did they say?

>> well, the customs agents admitted that the search the vehicle was a blank order that was signed three days in advance of the fact taking place. and one of the agents admitted that with his own handwriting, he filled in andrew's name and the information for his vehicle. and, therefore, by doing that they are altering a public document that would have allowed them to perform ill allele search on the vehicle. so, therefore, our contention is that the search is illegal and whatever was a result of that search is illegal as well. >> all right. now, we have the same sort of provision under u.s. law, if you violate someone's constitutional rights here, everything guess thrown out. including possibly the arrest. i realize that's where your attention is. i'm curious, did anyone say anything, aside from that today, testify to show that

his intent, that it was in his mind to bring those guns into mexico to violate mexican law? anything at all from that? >> we designed the interrogation in a way that we would only have responses to the topics which we were interested in. of course, the witnesses could have volunteered any information that they had. but they didn't. so, i'm not sure that they are convinced that it was his intent. for example, he was led into customs to the secondary inspection. they asked him what was in the vehicle. he responded. they took him out of the customs area in order to serve the search warrant on the car. and then took him back in to the customs area. and all of this happened during a time frame that according to their own

testimony the search warrant wasn't even issued at that point. so, i think they got coached by their superiors and they had a script which they had to stick to. and, basically their script was, he we took all this time to deliver him to the prosecutor because we were doing our customs procedure and all done by the book. and it was all done according to the law. but, by safeguarding their customs procedure, they are actually demolishing the criminal case against my client. >> now, what sense do you have watching the judge? did the judge seem to indicate any way what he was thinking or whether he believed the four witnesses? anything at all? >> well, the judge is very level-headed, he was present -- he was

inquisitive. he asked some questions of his own through the witnesses after the defense and the prosecution were done with their questions. and i can gauge that his interest in the case is high. but did he not let on or nor could i even dare to foresee what is going on in his mind now. >> all right. how about the prosecutor? some prosecutors are really gunning for defendants and then this particular case, did you get the sense that this prosecutor was gunning for sergeant tahmooressi or whether he thought that he had a bad case and just sort of wants to get rid of it? >> no. >> i think is he going through the motions. i didn't see him aggressively pursue anything now. the information is there in the case file. i think that the prosecution's case is exhausted. these are our witnesses now. we called them. i don't think they have anything further to add to

the prosecution's case. and that's why the prosecution only asked a couple of questions relating to the names of the people that took part in the search. >> all right. two quick questions. one, is there another court hearing and two is there a possibility some decision could be made where the case is tossed out and he goes home or something happens so he comes home soon? >> >> okay. right now we are at a stage of the procedure where everyday sherry hearings will take place. no rulings will take place right now until this stage is over. and since it's not over yet. we still have some evidence to file. we still have some evidence to enter into the record. it's going to keep dragging on a little bit more. now, we're not expecting any sort of decision, okay. for the time being, and we have some other evidence on the table right now. it's going to be entered. but i'm not sure that it will be subject to a

hearing. must of the evidence will be documents and probably will just be added to the case file. with no hearing involved. so, no court hearing is scheduled and maybe more evidence will be introduced just not in a court hearing. when would you expect a resolution on your motion where your attempt to they this out on technical reasons this that his rights were violated? >> >> out of respect for the federal court system i will not venture to make a call on ohow long i expect it to take. but, of course, if we file any motions, we expect a prompt ruling and i think the case is going very well so far. as soon as we have all of the evidence that we feel is necessary, we will conclude this phase and mo on to the closing arguments. >> okay. let me ask a quick question. would three months be reasonable in the ball park

or longer? >> it could be three months. but it could be a little more. >> okay. thank you very much, sir. thank you for joining us. >> it would all depend. >> indeed. >> you are welcome. thank you for having me. >> and it has been a long and extremely difficult four months for sergeant tahmooressi languishing in the mexican prison. the marine, his friend and his family all going "on the record" about his ordeal. >> i was punched in the stomach a few times. to the point where i couldn't breathe. i was gasping for air. >> he was chained to his bed. he couldn't even walk. >> andrew is extremely despondent and depressed. >> i played some particular tach toe -- tic-tac-toe with one of the prisoners and he made it seem it would be the last tic-tac-toe i would ever play. >> he is not a criminal. he made a wrong wrong turn. >> these roads are confusing. >> he needs to stay alive so he can eventually have freedom. >> this is like p.o.w.,

vietnam prisoner waf are type stuff. >> i think i went 24 hours without water. >> he is going to have a whole new case of ptsd after being stripped naked and changed to bead. >> get me out of here. >> and joining us defense lawyers kimberly priest johnson and ted williams. ted, you are first. >> i have got to he will you i'm listen toggle this lawyer, greta, i'm shocked. like, i understand we call this in the states a fourth amendment hearing. but, the thing about it is you are looking at procedures, yet you got these guys on the stand. you need to lock them in. the guy had already said. >> as to the intent what they saw, what they heard? >> absolutely. that becomes very important in this case. intent is significant and important. and the fact that he didn't lock them up. the fact that all he talked about was procedure. that is very troubling here. >> you know, kimberly, the other aspect to this. the fact that he is focused

on the procedure. and you raise your constitutional issues here and you do it very aggressively. you also consider that you may end up at trial so you want to ask all these other questions. what he said what i thought was painful for the defense' case is that he said that the witnesses were well coached. they everywhere on a script. they are certainly not saying that tam reissy's rights were violated. so he is up against that. >> right. i don't think there is necessarily a dispute between what happened. the actual facts. it's a difference in characterization of those facts, did they or did they not violate the law. look, i think the frustrating thing for all of us here in the u.s. watching this train wreck is that this trial under mexican procedure happens in step-by-step by step. so, we are wanting this evidence of intent or lack thereof to be put. in and what i hear tam reissy's attorney saying is. today was not about intent. today was about

constitutional violations. >> i got the that i i have been at hearings where it's about the fourth amendment. but what you do is you slip it in. you ask the questions. you keep doing it you play both sides. you don't just do the one you play because you know you may end up at trial and intent is a very important aspect of this crime. >> and you are talking about this is -- this lawyer's bite of the apple to get as much significant information as he can but, greta, look, let's just be candid here. our state department, the united states government, this is a united states marine who served this country. you would think that the united states government would be more helpful and beneficial in trying to bring this to some conclusion because this is moving slow as molasses. >> ted, it may be going the way the mexico dan procedure is what we have asked for here we asked to have it fast tracked. we never asked to big foot but just to fast track it to have it considered. that's a very important part of it. it's just, you know, let it

be considered quickly. and, instead, this is, as you say, this may be the mexican, the way they do it in mexico, but it is slow. >> it is slow and embarrassing. >> it could be a long time. >> kimberly, why is it so slow? just business as yawcial. >> i think this is business as usual in mexico. i absolutely agree with you and ted. it is up to our government to push this and put it on the fast track. we don't hear any sense of urgency from the sergeant's attorney because i think he is just saying this is just the way cases go. >> he is used to it that way. >> no, that's not acceptable to us. we have got to do something about that here in our country and not rely on them to do that. >> well, two quick things. one is the president of the united states has spoken twice to the president of mexico. we have seen the readouts and there is no mention of sergeant tahmooressi which matters because we would like to have it fast tracked. two, a petition on the whitehouse.gov where if we had 100,000 signatures within 30 days that they would answer the petition,

the white house. that happened on may 31st, still no answer from the white house. then finally, those who think that it's media pressure that somehow inhibited his release. we have been lying low since the last court hearing and no better off and three months plus. >> it's sawed. when you listen to the lawyer tonight. you come away with one thing that could be here next christmas looking at this situation which we should not be justice. all we are asking for is justice for this marine. >> may be sitting in a nice studio. kimbler ackenned it ted thank you. >> thank you. >> we'll, of course, stay on this case. >> this is a fox news alert. israel and hamas both agreeing, at least for the moment, to a new cease-fire plan. 72 hour cease-fire said to start tomorrow morning. today very grim news. the violence expanding. two attacks on israelis in jerusalem. first a terrorist attack on israeli bus. then a gunman on a meter cycle reportedly shot an israeli soldier. israeli soldier. fox news correspondent rick when you run a business, you can't settle for slow.

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for efficiency. or just for fun. this is the human element at work. dow. gradual government now planning to close emergency shelters in texas, california and oklahoma. those shelters have been housing children caught crossing the border alone. oklahoma governor mary fallon says she play be pleased with the plan to close the fort sill shelter she is not happy the obama administration. governor fallon telling fox news that the feds must end their secrecy concerning plans for the illegal immigrant children. >> how were you alerted? governor, this is who calling saying by the way we are about to send bus loads of people into your state? >> i was alerted through the media. >> and the republican oklahoma congressman shut out. he was denied access to immigration facility. >> is the policy that members of congress don't have access to federal fettles. that's the question. and what is it that they are

trying to hide? >> this facility closes. they are not just going to leave your state. where do they go? >> we don't know. >> no one is tracking them, governor? >> they won't tell us. they say it's a matter of privacy we are not allowed to know that. >> why so much privacy? we feel as citizens of the oklahoma we have a right to know. >> oklahoma congressman jim brightenstein good evening, sir. >> good evening, greta. >> do you share the same sentiment that governor fallon does that the government is moving children around and not giving any notification assuming to the governor. i'm assuming you haven't been notified either and this is your state. >> absolutely. i heard about the closing of the hhs facility that's supposed to close on fry day. i heard about it today through the media this is the standard operating procedure of this administration. and i also heard in your previous segment there they are talking about where are the children going?

how's come it has gone from 1200 to 1 0 children at fort sill in the answer is the children are being released. and they are being released to sponsors who are in the country themselves illegally. it's very difficult to understand who we are releasing these children to and certainly it's impossible to do criminal background checks on people who are in this country illegally. certainly, the influx is down temporarily as this is a seasonal thing. the influx of illegal immigration goes down in the months of july and august because it is so hot. the coyotes don't even transport children or adults in many cases in these temperatures. but can i tell you that the crisis will come back. h.h.s. has indicated that the military bases will be available through january 31st and although they are closing this week, the facility at fort sill, they are saying that it is available for further use

when the temperature cools down. it's available when they need it. >> all right. you know, this is so confusing. i mean, the very least the federal government ought to it at least contact the governor and the members of the delegates tell them what is going on in their state. and i would say that you should contact hhs directly but i know that you went down to one of the facilities on july 1st and they wouldn't let new despite the fact that you are a member of congress told to you make an appointment. they finally let you in on july 12th. this complete chaos. do you feel that they're gaming you or they just don't think you are entitled to know or they are incompetent or why aren't you hearing at least what's going on? >> well, i think they are concerned about controlling the message. this administration, of course, is extremely concerned about controlling this message specifically because of the crisis that is the southern border and the horrific stories of these children and where, ultimately, the children are being released.

this is. >> i mean, they may want to sort of control the message, but we are dealing with children. whatever -- you know, we have to be responsible to them and be as adults. and they won't even tell you what they are doing with them or where they are going and whether they're coming back and how many are staying there. what's being shut down. it's a little bit nutty. >> it is nutty. it is unsatisfactory that members of congress and the governor, and i want to commend governor mary fallon. she has done an excellent job of raising this issue to the national level and keeping it in the spotlight because of what you said. there are children's lives at stake here. we need to make sure that we are doing the right thing by them. certainly it appears that this administration is interested in one thing. and that is politics. they inform us statement at the same time they send their press releases. >> congressman, thank you, sir. >> thank you. >> being tested for ebola in new york city. a live report from new york, is next. minority leader nancy pelosi getting into a heated tangle. guess what, it was caught on

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political panel join us. it's interesting to see that now the fight has expanded to hollywood. >> you know, when hollywood attacks is really what you have got here. the most interesting thing about this was how quickly both of the oscar winning actors have retreated from their statements and said we weren't actually trying to put our finger on the scale of the battle over there plea for peace in their words. pin nuclear weapon lope cruise penelopey cruise said i'm not an exfurther on this. that should be a warning if you are not an expert stay out of it in the first place. >> jon voight just mowed them over. i mean, it was pretty bad. he did. and he says he didn't think that they were aware of the history of israel pretty big put down. >> right. this is israel, demographic ally seeing the highest criticism in this country. we are the most pro-israel, the highest criticism of

israel right now coming from europe. not from us. among our own, our youngest citizens are the ones who are the most critical on social media in this conflict of israel. but, what is interesting is even before bardem put out this letter i mean jon voight letter came, in he was already putting out a statement saying people are calling my wife and i anti-semites and could couldn'te further from the truth. even before they got scolded by voight they were already responding to a lashing. >> it's pretty weak when penelope cruise comes back and says i'm not an expert. you might want to back off that one. i mean, you might not want to get involved. >> hollywood stars like to get involved. i don't know if you have ever noticed this before. >> new phenomenon. >> might be different it's f. hollywood were having rockets reigned down on it from mexico. she might take the time to learn what going on there the idea that israel is committing genocide is

pro-terrorist propaganda. nights to see jon voight come out there and talk sense into these people. intentionally killing civilians which is what is happening in sierra. israel and the united states do. but i just can't imagine all these people are worked up right now who haven't said a single word about over 100,000 civilians intentionally killed in syria. they are completely outraged about the unfortunate killing of hundreds. you don't care about civilians in this case. you hate israel if that's what you are doing. >> struck by the silence on hollywood on this one. people like george clooney who i tip my hat to him when he he goes after the what's going on in the sudan and darfur. they have done a lot of good. they speak out. a lot of celebrities. this one, there hasn't been with the exception of this is the first i have heard of joan rivers was very outspoken. you don't hear much from hollywood on this so far. >> i imagine part of that is you have two do i met diametrically opposed international audience for

movies and whatnot as well. such diametrically opposed views of that conflict there in some cases this is money to them. you know, if you are annoying your fans in one place or another, you have got to worry about that. >> i think they would be smarter to stay quiet. i think penelope cruise and her husband have learned that you have people like joan rivers very strong supporters of israel and hollywood. at the same time this couple is european. >> is that the european defense? >> well,. >> the most criticism of israel right now is coming from europe. >> and you think that's why they did this? >> i don't -- they are friends and family and, you know, everyone they know in europe feels generally speaking more critical than their friends in hollywood, i would imagine. >> you would love to know who talked them into doing this because it was a totally enforced error. they could have stayed silent. whatever prompted them to do this we are not experts, don't pay attention to us. it ends up very embarrassing. >> it's such a tragedy what

is going on over there speak to all people who are getting hurt over there. i mean, i don't know. oh well, right? hollywood. but, jon voight obviously, he scared them. he scared them quiet. anyway, he got a reaction. >> he always does. >> he always does. anyway, panel, thank you. coming up, minority leader nancy pelosi caught on camera. camera. how was she caught [ man ] cortana, when my wife calls

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tonight on "red eye." >> coming up on "red eye," summer camp for adults. is it the worst thing that could have happened? we have tips from experts on how to stop this horrifying trend from spreading to your hometown. plus, why is joe biden jealous of the president's my little pony collection? >> it is so much bigger. it is so much bigger. it is that simple. >> and finally, is driving to the studio with lauren sivan a good idea? probably not. the right way to shake and back, next. none of these stories on "red eye" tonight. >> speaking of she is hotter than a mcdonald's coffee,